Transcript Document
Access to information? The ins and outs of information rights Christopher Graham Information Commissioner ISKO UK – 14 April 2011 Information rights • What the ICO does • In v out: DPA and FOIA • Facing both ways – Coalition agendas – What the public wants – How organisations are responding • How the ICO can help The role of the ICO • Enforce and regulate – – – – Freedom of Information Act Data Protection Act Environmental Information Regulations Privacy and Electronic Communications Regulations • Provide information to individuals and organisations • Adjudicate on complaints • Promote good practice Our mission The ICO’s mission is to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. Our vision By 2012 we will be recognised by our stakeholders as the authoritative arbiter of information rights, delivering high-quality, relevant and timely outcomes, responsive and outward-looking in our approach, and with committed and high-performing staff - a model of good regulation, and a great place to work and develop. Balancing Ins and Outs • Competing information rights – Right to know – Right to privacy • Privacy Commissioner? – Czar? – Advocate? • Information Commissioner – Balancing rights – Establishing the public interest – Making things happen Coalition agendas • Protection of Freedoms Bill – DNA database – CCTV – Criminal records • Transparency and accountability – Proactive disclosure – Extension of FOIA – Data sharing • Open Data – Publishing data sets, eg crime mapping – Publication in reusable form – Let a thousand flowers bloom • Big Society – New structures – Less accountability? Public social concerns Q1: I am going to read out a list of issues that could be considered of social importance. Table shows respondents who were either ‘very concerned’ or ‘fairly concerned’ about each issue. Social Issue Overall 2004 2009 2010 Preventing crime 85% 96% 93% Protecting people’s personal information 70% 94% 92% Unemployment 50% 93% 90% The National Health Service 78% 90% 90% Improving standards in education 76% 89% 90% Equal rights for everyone 69% 89% 87% Protecting freedom of speech 67% 89% 86% National security 71% 90% 85% Environmental issues 66% 90% 83% Access to information held by public authorities 48% 80% 75% Source: ICO Annual Track 2010/11 Unprompted awareness of obligations: Data protection Q14 What obligations are you aware of that organisations have to comply with when processing personal information? Overall Obligations (Unprompted) 2007 2008 2009 2010 Personal information is kept secure 69% 55% 46% 54% Personal information is processed for limited purposes 40% 24% 22% 28% Personal information is not kept longer than necessary 39% 25% 22% 24% Personal information is kept accurate and up to date 53% 36% 28% 30% Personal information is processed in a fair and lawful manner 53% 40% 30% 28% Personal information is not transferred to other countries without adequate protection 29% 21% 19% 17% Personal information is processed in line with the individual rights 31% 16% 15% 17% Personal information held is adequate, relevant and not excessive 32% 19% 18% 15% Unprompted awareness of obligations: Freedom of Information Q24 What obligations are you aware of that apply to public authorities under the FOIA? Obligations (Unprompted) Overall 2007 2008 2009 2010 Public authorities must provide help and advice to people asking for information 50% 32% 31% 29% Public authorities must disclose information unless there is a legal reason not to 52% 30% 31% 24% Public authorities must respond to requests made under the general rights of access within 20 working days 67% 55% 56% 58% Public authorities must provide information through a publication scheme 63% 49% 39% 49% Ten Years of FOIA • Publication schemes and routine disclosure • Right of access and handling requests • The role of the Information Commissioner • Growing numbers of requests and complaints • Tribunal and Courts Lean times • Pressures on budgets (ICO included) • Are information rights ‘front line’? • FOIA as a driver of efficiency • Proactive is VFM • DPA breaches are costly – Confidence – Reputation – £500k Speeding up • ICO speeding up • No loss of quality (as measured at Tribunal) • Pressure on public authorities to respond • Monitoring of compliance • Regulatory action – Undertakings – Enforcement Notices Looking ahead – the wider picture • Extension of FOI – new public authorities • Wholly-owned companies and subsidiaries • Inspire Regulations – geospatial information • Publication schemes • Post-legislative scrutiny – Burden v charges? – Cabinet material? – Veto? How the ICO can help • ICO website www.ico.gov.uk • Newsletter • Helpline 0303 123 1113 • Codes of Practice • Resources – Publications – CD-Roms • Good Practice Audits • Speakers/conferences Subscribe to our e-newsletter at www.ico.gov.uk Follow us on Twitter at www.twitter.com/iconews